Posted on: 17th Mar, 2010 06:59 am
My father named me as sole beneficiary of his estate in his will. He also signed quit claim deeds showing him and I as joint tenants on two of his properties. Thes QD's were signed and notarized several months ago but my father does not want me to file them until immediately after his death. I am not at all comfortable with this. any suggestions.
it seems odd to me as well, padia. what is his reasoning?
He was advised by his attorney to proceed this way as he is afraid of losing control of his properties if the QD's are recorded now. I have not forced the matter as my father is old and I do not want to take away his right to make decisions. I have no problem with waiting but is it in my best interest to wait?
As far as I know, the quit claim deed should be filed when the grantor of the property is alive. You may not be able to file the deed after his death and thus, have to probate the will. I don't think it is in your best interest to wait.
what niicss has said makes a great deal of sense to me, also. do you have your own lawyer who could weigh in with an analysis of this situation? have you broached the subject with your dad's lawyer yourself?